09.21.02.03

.03 Sealing Requirements.

A. A licensee may sign or seal plans, specifications, drawings, reports, or other documents that are required to be signed and sealed pursuant to Business Occupations and Professions Article, §3-501, Annotated Code of Maryland, only if the following requirements are met:

(1) The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and

(2) The licensee either:

(a) Personally prepared the documents; or

(b) Approved the documents.

B. For purposes of §A(2)(a) and (b) of this regulation and Business Occupations and Professions Article, §3-501, Annotated Code of Maryland, "approval" means:

(1) Direct knowledge and responsible control over the content of technical submissions during their preparation; and

(2) Substantive review and authority to make revisions with regard to the preparation of submissions described in these regulations.

C. In addition, a licensee may sign or seal, after review and inspection, the following:

(1) Portions of the professional work that are not required by Business Occupations and Professions Article, Title 3, Annotated Code of Maryland, to be prepared or approved by an architect, only if the architect reviewed and adopted in whole or in part those portions, has coordinated their preparation, and has integrated them into the project; and

(2) Prototype standard drawings prepared by an out-of-State architect licensed in any United States jurisdiction, in connection with the design of a commercial chain establishment.

D. The licensee who signs and seals the documents in accordance with the requirements set forth in these regulations shall be considered to be the architect of record with regard to these documents.

E. Signature.

(1) For the purposes of this regulation, the term "signature" means:

(a) A handwritten signature in permanent ink containing the name of the person who applied it; or

(b) For electronic or digital documents, an electronic authentication process attached to or logically associated with the document.

(2) A digital signature described in this section shall satisfy the following criteria:

(a) It must contain an identification unique to a licensee using it;

(b) It must be under the exclusive control of the licensee using it;

(c) It must be verifiable; and

(d) It is linked to the document in such a manner that any subsequent modifications to the document will result in the document no longer being considered prepared or approved by the licensee.

F. Once the digital signature is applied to the document, the document shall be available in a View Format only if the document is to be transmitted electronically.

G. Nothing in this regulation is intended to modify any of the requirements applicable to professional certification or titleblock more specifically set forth in Regulation 09.21.02.04.